Ordinance 1992-13 ORDINANCE NO.
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
Union National Bank S Trust Company of Joliet as Trustee under Trust #129:
n a First Midwest Trust Company
WHEREAS, it is in the best interest of the United City of the Village
of Yorkville, Kendall County, Illinois, that a certain Annexation Agreement
pertaining to the annexation and development of the real estate described
on Exhibit "A" attached hereto and made a part hereof entered into by the
United City of the Village of Yorkville; and
WHEREAS, said Annexation Agreement has been drafted and has been
considered by the City Council; and
WHEREAS. the legal owners of record of the territory which is the subject
of said Agreement are ready, willing and able to enter into said Agreement
and to perform the obligations as required hereunder; and
WHEREAS, the statutory procedures provided in Section 11-15.1-1 through
11-15. 1-5 of Chapter 24 of the Illinois Revised Statutes, as amended, for
the execution of said Annexation Agreement has been fully complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL.
OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS:
SECTION 1 : That the Mayor and City Clerk are herewith authorized
and directed to execute, on behalf of the City, an Annexation Agreement
concerning the annexation and development of the real estate described therein,
a copy of which Annexation Agreement is attached hereto and made a part
hereof.
SECTION 2: That this Ordinance shall be in full force and effect from
and after its passage and approval as provided by law.
PASSED at a regular meeting of the City Council of the United City
of the Village of Yorkville on C)`tUpar /Aj , 19(2,-7
SIGNED and APPROVED by me, as Mayor, this � day of OrMbor , 19Q-,2-
�L�I�L
K NETH K. KI TOE JR , , Mayor
ATTEST: FILED FOR RECORD
KENDALL COUNTY ILL.
t, DOC. 0 ?A I?C/'�
ITY CLERK 1 /Y'
(SEAL)
OC 1 61992 4A�
RECORDER OF DEEDS
PARCEL ONE:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: : COMMENCING AT THE NORTHWEST CORNER OF LOT 4 IN
BLOCK 2 OF GALE'S ADDITION TO THE TOWN OF BRISTOL IN THE COUNTY OF KENDALL; THENCE WEST
ALONG THE NORTH LINE EXTENDED WEST OF SAID LOT 4, BEING ALSO ALONG THE SOUTH LINE EXTENDED
WEST OF WALNUT STREET, 30 FEET TO THE CENTER LINE OF BRISTOL ROAD; THENCE NORTH ALONG SAID
CENTER LINE 21 FEET; THENCE WEST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES, 54 MINUTES, 0
n--RASE COURSE, 455.2 FEET; THENCE NORTH
SECONDS, AS MEASURED CLVC1�W151; rKVil In«• t�1-:Si L3J�.1ci D:aiJ �.�1u n.
ALONG A LINE FORMING AN ANGLE OF 89 DEGREES, 55 MINUTES, 0 SECONDS AS MEASURED
COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE 519 .5 FEET FOR THE POINT OF BEGINNING;
THENCE NORTH ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE 148.5 FEET; THENCE FAST ALONG
A LINE FORMING AN ANGLE OF 90 DEGREES, 05 MINUTES, 0 SECONDS, AS MEASURED COUNTERCLOCKWISE
FROM THE LAST DESCRIBED COURSE, 492.77 FEET TO THE CENTER LINE OF ROUTE 47; THENCE SOUTHERLY
ALONG A LINE FORMING AN ANGLE OF 85 DEGREES, 54 MINUTES, 0 SECONDS MEASURED COUNTERCLOCKWIS]
FROM THE LAST DESCRIBED COURSE, 151.87 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE
OF 94 DEGREES, 6 MINUTES, 0 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED
COURSE, 247.83 FEET; THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 3 FEET;
THENCE WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 234.52 FEET TO THE POINT OF
BEGINNING; (EXCEPT THAT PART FALLING IN THE HIGHWAY) , IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS
Y Accurate Map of
ritory Annexed to the United City of the Vi//oge of YorkwYle
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Prepared Rv:
James M. Olson Associates, Ltd. Q$
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Illinois Professional Land Surveyors
107 West Madison Street
Yorkville, Illinois 60560
July 29, 1992
Cily of YorkVIlle No.4654 -A
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STATE OF ILLINOIS )
SS.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF
THE VILLAGE OF YORKVILLE
THIS AGREEMENT is made and entered into this day of
1992 , by and between the United City of the Village of Yorkville, Yorkvi e,
Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter
referred to as "City", T t of Joliet as Trustee under
y , and min, �tN�r n , .!� rc cr rk#�e e
of the City of Joliet bun y, Ilinois, hereinafter Trust
referred to as "Owner". #1292
WITNESSETH:
Union National Bank and Trust Company of Joliet as
WHEREAS, the Owner, Tj*,"sg ,�N ;.J. � 7/1g/72
is the owner of land, which li e r 1 �I'tit`tt'► ' -''r o and 'conti uous to
the existing corporate limits of the City which said land is more particularly
described on Exhibit "A" attached hereto and made a part hereof: and
WHEREAS, the Owner is desirous of using said real property described
in Exhibit "A" for business use, and is desirous of assuring to
it that said land can be used for said purposes if said land is annexed to
the City of Yorkville; and
WHEREAS, the Owner has presented and the City has considered the
tracts of land herein described for business and commercial purposes in order
to make said real estate a desirable addition to the City; and
WHEREAS, the City has requested the Owner to annex the said land
into the City and its Plan Commission and the City Council have heretofore
approved the proposed land use and the zoning of the same at the joint request
of the Owner and the City; and
WHEREAS, all parties to this Agreement are desirous of setting forth
certain terms and conditions upon which the land heretofore described will
be an!iexed to the City in an orderly �iianner; a n
WHEREAS, it is the intention of the Owner upon the annexation of the
real estate to the City to use said real property described in Exhibit "A"
for business and commercial use to be located as shown in the annexation
drawing attached hereto, prepared by James M. Olson & Associates Ltd. ,
and dated , 19 92, and in accordance with the terms
and conditions of this Agreement; and
WHEREAS, the Owner and its representatives have discussed the proposed
Annexation and have had public meetings with the Plan Commission, and
the City Council; and prior to the execution hereof, notice was duly published
and a public hearing was held to consider this Agreement, as required by
the statutes of the State of Illinois in such case made and provided.
• i
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants herein contained, the parties agree, under the terms and authority
provided in Chapter 24, Sections II-15.1-1 through II-15.1-5, Illinois Revised
Statutes, 1985, as amended, as follows:
I. ANNEXATION AND ZONING: The City shall adopt an ordinance
annexing to the City all of the real estate described on Exhibit "A" and the
City in said ordinance shall zone the real estate described on Exhibit "A",
subject to the further terms of this Agreement as B-3 Highway Business
District.
Said zoning allowing the uses, size, density, areas, coverage, and maximum
building heights as set forth on Exhibit "B", B-3 Highway Business District ,
said real estate to be used and developed in accordance with this Agreement
and with the City Subdivision Control Ordinance.
2. The City agrees that in consideration of Petitioner-Owner voluntarily
annexing to the City, the City will do the following:
A) Petitioner-Owners and their successors, heirs, and assigns shall
be given free water and sewer hook-ups, waiving any fee customarily
paid to the City on land being annexed to the City for a period
of fifteen (15) years from the date of execution of this agreement.
Nothing contained herein shall be deemed to be a waiver of sewer
hook-up fees due the Yorkville-Bristol Sanitary District which is
a totally independent governmental entity. This agreement further
shall not be construed as a warranty or promise of when water
and sewer main extensions will be made available.
B) The City shall not allow any developer or other party to charge
Petitioners-Owners, or their successors heirs and assigns for recapture
in order to hook-up to a water or sewer main extension.
C) The City shall pay the cost of preparing all annexation drawings,
petitions and public notices. The City further agrees to waive
all annexation fees.
D) The City shall allow Petitioner-Owner to continue to use the signage
that is presently existing on the premises.
E) Petitioner and its successors, heirs and assigns shall be allowed
to continue to use the subject real property for purposes of well
and pump repair and sales office, as well as accompanying storage
and truck parking, without interruption.
F) The City shall prepare, as part of the annexation agreement at
its own expense, an easement description for a sewer line currently
located on the subject parcel. Petitioner shall dedicate said sewer
line to the City, and the City shall henceforth be responsible
for all maintenance and upkeep on said sewer line.
-2-
3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except
as herein modified or varied, the Owner shall comply, in all respects with
all of the provisions of the Subdivision Control Ordinance and Impact Fee
Ordinance of the City in the development of the real estate herein described
in the event of any future development on the subject property.
4. BINDING EFFECT AND TERM: This Annexation Agreement shall
be binding upon and inure to the benefit of the parties hereto, successors,
owners or record of land which is the subject of this Agreement assignees,
lesser, and upon any successor municipal authorities of said City.
5. NOTICES: Any notices required hereunder shall be in writing and
shall be served upon any other party in writing and shall be delivered personally
or sent by registered or certified mail, return receipt requested, postage
prepaid, addressed as follows:
If to the City: City Clerk
610 Tower Lane
Yorkville, Illinois 60560
With a copy to: Daniel J. Kramer, City Attorney
Attorney at Law
1107A S. Bridge Street
Yorkville, IL 60560
If to the Owners:
or to such other addresses as any party may from time to time designate
in a written notice to the other parties.
6. ENFORCEABILITY: This Agreement shall be enforceable in any
Court of competent jurisdictions by any of the parties hereto by an appropriate
action of law or in equity to secure the performance of the covenants herein
contained.
7. ENACTMENT OF ORDINANCES: The City agrees to adopt any ordinances
which are required to give legal effect to the matters contained in this Agreement
or to correct any technical defects which may arise after the execution of
this Agreement.
IN WITNESS WHEREOF, t e un ersigned have hereunto set their hands
and seals this ! �day of ( , 19 92 ,
UNITED CITY OF THE VILLAGE OF
YORKVILLE, Kendall County, Illinois
1
BY:
K ETH K, KI OE JR. ,Xayor
ATTEST: /�r'4( C al (&�
City Crerk
-3-
RIDER ATTACHED TO AND MADE A PART OF AN INSTRUMENT
DATED July 30, 1992 UNDER TRUST NO. 1292
This instrument is executed by FIRST MIDWEST TRUST COMPANY, National Association, not
sonally but solely as Trustee, as aforesaid, in the exercise of the power and authority
.ferred upon and vested in it as such Trustee. All the terms, provisions, stipulations,
covenants and conditions to be performed by FIRST MIDWEST TRUST COMPANY, National Association,
are undertaken by it solely as Trustee, as aforesaid, and not individually, and all statements
herein made are made on information and belief and are to be construed accordingly, and no
personal liability shall be asserted or be enforceable against FIRST MIDWEST TRUST COMPANY,
National Association, by reason of any of the terms, provisions, stipulations, covenants and/or
statements contained in this instrument.
v c-
Trust Officer
AL MAN L
G
ALDE AN LA{ ERMAN
ALD N ALDERMAN
�A L
LDERMAN ALDERMAN
-4-
Legal Description:
PARCEL ONE:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: : COMMENCING AT THE NORTHWEST CORNER OF LOT 4 IN
BLOCK 2 OF GALE'S ADDITION TO THE TOWN OF BRISTOL IN THE COUNTY OF KENDALL; THENCE WEST
ALONG THE NORTH LINE EXTENDED WEST OF SAID LOT 4, BEING ALSO ALONG THE SOUTH LINE EXTENDED
WEST OF WALNUT STREET, 30 FEET TO THE CENTER LINE OF BRISTOL ROAD; THENCE NORTH ALONG SAID
CENTER LINE 21 FEET; THENCE WEST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES, 54 MINUTES, 0
SECONDS, AS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 455.2 FEET; THENCE NORTH
ALONG A LINE FORMING AN ANGLE OF 89 DEGREES, 55 MINUTES, 0 SECONDS AS MEASURED
COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE 519 .5 FEET FOR THE POINT OF BEGINNING;
THENCE NORTH ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE 148.5 FEET; THENCE EAST ALONG
A LINE FORMING AN ANGLE OF 90 DEGREES, 05 MINUTES, 0 SECONDS, AS MEASURED COUNTERCLOCKWISE
FROM THE LAST DESCRIBED COURSE, 492 .77 FEET TO THE CENTER LINE OF ROUTE 47; THENCE SOUTHER1
ALONG A LINE FORMING AN ANGLE OF 85 DEGREES, 54 MINUTES, 0 SECONDS MEASURED COUNTERCLOCKWIS
FROM THE LAST DESCRIBED COURSE, 151.87 FEET; 'THENCE WESTERLY ALONG A LINE FORMING AN ANGLE
OF 94 DEGREES, 6 MINUTES, 0 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED
COURSE, 247.$3 FEET; THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 3 FEET;
THENCE WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 234.52 FEET TO THE POINT OF
BEGINNING; (EXCEPT THAT PART FALLING IN THE HIGHWAY) , IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS
l�
7.04 B-3 SERVICE BUSINESS DISTRICT
A- Permitted Uses
E All uses permitted in Nursery
the B-2 District
Agricultural Implement Orchard
Sales and Service Park - Commercial Recreation
APPliance -- Service Only Plumbing Supplies and
Auction House fixture Sales
Automobile Sales and Pump Sales
" Service
' Recreational Vehicle ' Sales
Boat Sales
and Service
. � Building Material Sales Skating Rink
Sports Arena
Business Machine Repair
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Stadium
Catering Service
Taxicab Garage
Drive-in Restaurant
,Electrical Equipment Sales Tennis Court - Indoor
Fried and Grain Sales Trailer Rental
'Frozen Food Locker Truck Rental
Truck Sales and Service
:Furniture Repair and
Rr— j.nishing Upholstery Shop
Bus or Truck Uti li tS Company Maintenance
Yard
GQ1f Driving Range '
Utility Service Yard or
Greenhouse Garage
Kennel Veterinary Clinic
Miniature Golf
MOCOrCy'cle Sales and Service
a
32
Exhibit G
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B• Special Uses
I . All special uses permitted in the B-2 District .
2. Amusement Park.
3• Boat launching ramp .
P
4- Boat Rental and Storage.
C- Lot Size *e-
�- "�
No lot shall have, an area less than _2.Q..,� square feet .
D• Yard Area
$ No building shall be erected' ected or enlarged unless the
Y following yards are provided and maintained in connection
with such building , structure or enlargement :
1 . Front Yard. A front and of not less than lift
Y
feet . S' ( 50)
�! 2. Side Yard. No minimum side
i yard shall be required
(( between buildings within the B-3 District , except
where a side yard &butts a street , a yard of not
less than twenty (20) feet shall be provided.
f 3. Rear Yard, A rear and of not Tess than twenty ( 20 )feet .
4. Transitional Yard. Where a side or rear lot line
coincides with a Residential District Zone , a yard
Of not less than thirty ( 30) feet shall be required .
E. Lot Co veraire
No more than fifty percent ( 500) of the area of the
z lot may be occupied by buildings and structures , including
accessory build{ngs.
F.
Building Height
No building or structure shall be erected or altered to
exceed a maximum height of twenty-five ( 25) feet , or
two (2 ) stories.
G. Off-Street Parking and Loading
All in accordance with regulations set forth in Section
9 . 00 of the ordinance .
33
Accurate Mao of
Territory Annexed to the United City of the VIIIGge of Yorkvi lle
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Prepared By: (!�
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James M. Olson Associates, Ltd.
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Illinois Professional Land Surveyors
107 West Madison Street L
Yorkville, Illinois 60560
i
July 29, 1992
City of Yorkvi lle
No.4654 -A